Are DWI Checkpoints Legal in Minnesota?

Are DWI Checkpoints Legal in Minnesota?

Posted By
Brockton D. Hunter P.A.

DWI is one of the most common crimes on U.S. roads. With tens of thousands
of injuries and fatalities each year resulting from alcohol-related accidents,
many states allow law enforcement to set up sobriety checkpoints in order
to find and arrest intoxicated drivers before they have a chance to cause
an accident. Law enforcement sets up roadblocks at which certain drivers
will have to pull over, speak with a police officer, and be subjected
to field sobriety testing.

The U.S. Supreme Court has ruled that this practice is constitutional and
permissible, and currently, DUI/DWI checkpoints are legal in close to
40 states. However, Minnesota is not one of them. DWI checkpoints were
banned in Minnesota in the early 1990s on the grounds that they constitute
an unlawful search and are in violation of the state constitution.

The Fourth Amendment & Probable Cause

The Fourth Amendment protects citizens from unreasonable intrusion by the
government and requires probable cause before a person and his or her
property can be searched. What this means is that a police officer cannot
simply pull you over and search your vehicle without a valid reason. Opponents
of sobriety checkpoints argue that even though checkpoints may deter drunk
driving, it is highly unethical to conduct searches without suspicion
and is a major threat to privacy.

However, just because sobriety checkpoints aren’t allowed in Minnesota
doesn’t mean that DWI enforcement has backed down. There are all
kinds of reasons that a driver can be pulled over on suspicion of DWI.

These include:

Driving in the dark without headlights

Swerving

Tailgating

Weaving in and out of lanes

Abrupt and frequent braking

Taking an abrupt or illegal turn

Driving in the wrong lane

The driver may then be asked to submit to field sobriety testing and/or
provide a breath or blood sample. Refusal to submit to chemical testing
will result in a driver’s license revocation pursuant to Minnesota’s
implied consent law.

If you are facing DWI charges in Minnesota, a Minneapolis DWI lawyer at
Brockton D. Hunter P.A. can protect your rights and fight for a favorable
outcome. We understand the best ways to fight DWI charges, including challenging
evidence from chemical tests and challenging unlawful police stops. To
schedule a consultation with a member of our team, please call
(612) 979-1112.